13.07.2022

Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held a session via the written procedure of special constitutional proceedings.

At the court session was examined the constitutional case based on the request submitted by the Court of Appeal of Shirvan city on interpretation of Article 333.2 of the Code of Administrative Offenses of the Republic of Azerbaijan.

Having heard the report of Judge C.Qaracayev, studied and discussed reports of representatives of interested parties – Judge of the Court of Appeal of Shirvan city I.Abdullayev and, Head of the State Building, Administrative and Military Legislation Department of the Milli Majlis (Parliament) H.M.Seyid, conclusions of specialist – Chairman of the Criminal Board of the Supreme Court H.Nasibov, Chairman of the Criminal Board of the Court of Appeal of Baku city; opinion of expert – assistant professor of the Department of Constitutional Law of the Faculty of Law of Baku State University, Doctor of Law S.Aliyev the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that in terms of the requirements of Articles 33.1.2 and 333.2 of the Code of Administrative Offenses of the Republic of Azerbaijan the re-committing the same offence within a year after the decision on imposing administrative sanctions comes into legal force in accordance with Article 138 of that Code is the basis for the aggravation of the person's responsibility and the application of a stricter sanction against him/her.

In accordance with Articles 150.11 and 150.14 of the Code of Administrative Offenses of the Republic of Azerbaijan according to Article 35 of that Code the beginning of the period during which persons who paid the administrative fine before the decision came into legal force and did not challenge that decision in the manner established by legislation and who are considered not to be brought to administrative responsibility should be calculated from the day of the execution of the punishment.

The decision comes into force from the date of its publication, is final, and may not be cancelled, changed or officially interpreted by any institution or official.